Resources

Watching Out For Privacy: Limitations on Employer Video Surveillance

In Rehn Enterprises Ltd. v. United Steelworkers, Local 1-1937, 2024 CanLII 72130 (de Aguayo), Arbitrator Jacquie de Aguayo found numerous privacy and procedural breaches related to the installation of video surveillance in work vehicles.

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Employer Dismisses Pregnant Employee Based on Facebook Post: Ontario Human Rights Tribunal Awards $37,849 to Complainant

In Iskander v. 2363327 Ontario Incorporated and Primeau, 2024 HRTO 1122, the Ontario Human Rights Tribunal allowed a complaint alleging prohibited discrimination in employment on the basis of sex, including pregnancy and sexual harassment.  The complainant, Kristina Iskander, testified that she believed she was dismissed from employment because she was pregnant.  The Tribunal found the respondents to have breached the Human Rights Code, R.S.O. 1990 c. H. 19 (the “Code”) and awarded $37,849 to the complainant.

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Think Twice Before You Hit “Send”: Your E-Mail Job Offer Could Be Binding

In the recent case of Adams v. Thinkific Labs Inc., 2024 BCSC 1129, the B.C. Supreme Court considered whether a certain e-mail communication constituted an employment contract at common law.  The Court relied on basic doctrines under the law of contract such as the need for consideration to find that the e-mail offer created a binding agreement.

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The Complexities of Dependent Contractors and Restrictive Covenants

In the recent decision of Dibble v. Creative Music Therapy Solutions Inc., 2024 BCSC 1066, the B.C. Supreme Court provided a helpful reminder that a long-term contract with a worker can result in the worker being categorized as a “dependent contractor” who is entitled to reasonable notice on termination of the contract.  The Court also provided a reminder that a restrictive covenant is held to a high threshold to be enforceable.

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Grasping at Straws: Claiming Discrimination in the Face of Clear Misconduct

In Bartender v. Finale Entertainment Inc., 2024 BCHRT 155, the complainant, a former bartender with the respondent nightclub, filed a human rights complaint after his employment was terminated without cause.

The complainant, who identified as Caucasian or white, alleged that his employment was terminated in order to hire a Chinese employee.  To support his allegation of discrimination, the complainant relied on the fact that, on the same day the respondent terminated his employment, a Chinese worker started working in his place.

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Employer Obligations During Provincial Elections

A provincial election has been called in British Columbia.

This bulletin provides a brief overview of employer obligations to employees during advanced voting and on the final voting day.

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Toxic Work Environment and Investigation of Concern? That Still Might Not Be Enough to Warrant a Discrimination Claim

In Thomas v. Signals Design Group, 2024 BCHRT 135, the B.C. Human Rights Tribunal dismissed a complaint alleging discrimination on the basis of sex. The complainant alleged she received radically different treatment as compared to her male counterparts and had to resign from employment because of the toxic work environment.

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Health Spending Accounts Not Sufficient to Meet ESA Sick Leave Requirements

A British Columbia arbitral decision is the most recent in a developing line of authority cautioning BC employers that sick days conferred under the Employment Standards Act, R.S.B.C. 1996, c. 113 (the “ESA”) may be qualitatively different than sick leave benefits under a collective agreement.

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Ontario Court Decides “Private Group Chats” Can Become a Disciplinable Workplace Issue

In or around April 2020, while the Human Resources department at Metrolinx (the “Employer”) was conducting an investigation into a separate and unrelated matter, an employee informed the Employer about a WhatsApp conversation between the five grievors approximately eight months earlier, a conversation which “contained negative, derogatory and sexist comments about a female employee”.

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International Credentials Recognition Act Comes into Force in BC

On July 1, 2024, the International Credentials Recognition Act, SBC 2023, c 39 (the “Act”) came into force in British Columbia.

The legislation is intended to address the shortage of skilled professionals in BC by reducing barriers for internationally trained professionals seeking jobs in this province. The Act is designed to improve the credential recognition process, making it more fair, efficient, and streamlined for applicants seeking certification from professional regulators.

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